By Stacey Tucker (Contact / Staff Bio)
November 27, 2009 - 01:34 p.m. EST

CASS CITY — The former Cass City custodial staff is fighting back, and this time it’s against the new company the school system has chosen for its janitorial services.

The Cass City Educational Support Personnel Association, MEA/NEA has entered into a lawsuit against D.M. Burr Facilities Management, the company that entered into a contract with Cass City Public Schools in July.

The two-count lawsuit includes tortuous interference with a contractual relationship and tortuous interference with a business relationship or expectancy.

According to the former support staff employees, D.M. Burr sent a letter dated June 3 to the school system with a “proposal for custodial services” and gave a presentation in front of the board during the June 22 Cass City school board meeting.

During the meeting, the board voted to privatize their janitorial services and cut six jobs.

Commencing on July 8, D.M. Burr entered into a contract with the schools when the company knew the custodians had a contract of their own until June 30, 2011.

The lawsuit reads, “D.M. Burr sought to attain a privatization contract with Cass City Public Schools to provide the custodial services with the knowledge that Cass City Public Schools had a current contract business agreement with the support staff.

“Defendant D.M. Burr intentionally and improperly interfered with plaintiff association’s CBA rights as custodian members by instigating their proposal to provide the very same custodial services to CCPS,” the lawsuit documents read. “The actions induced and caused the breach, disruption and or termination of the CBA rights for plaintiff association custodial members.”

The six custodial jobs cost the schools a sum of $385,023 a year while D.M. Burr will cost the schools only $204,288 a year for a savings of roughly $180,000 a year for the schools.

The former custodial staff is asking for compensatory damage in an amount in excess of $25,000, including costs and attorney fees.

Stacey Tucker is a staff writer for the Tuscola County Advertiser. She can be reached at tucker@tcadvertiser.com.